- Journal of Corporation Law From Vol. 32 Nbr. 1, October 2006 to Vol. 39 Nbr. 2, January 2014 University of Iowa, Journal of Corporation Law, 2009
- The Journal of Corporation Law From Vol. 36 Nbr. 1, September 2010 to Vol. 39 Nbr. 1, September 2013 University of Iowa Journal of Corporation Law, 2011
- Delaware Journal of Corporate Law From Vol. 35 Nbr. 1, January 2010 to Vol. 35 Nbr. 1, January 2010 Widener University School of Law, 2010
- Fordham Journal of Corporate & Financial Law From Vol. 10 Nbr. 1, January 2004 to Vol. 19 Nbr. 1, December 2013 Fordham Journal of Corporate & Financial Law, 2009
A Capital Market, Corporate Law Approach to Creditor Conduct
The problem of creditor conduct in a distressed firm has vexed courts for decades. Creditor control is the key doctrinal metric, but the better metric for judicial focus is the creditor's goal. The authors show, first, that there is often no on-the-ground, operational difference between these two standards and that this helps explain why the judicial results are vexing, contradictory, and costly. ...
- A capital market, corporate law approach to creditor conduct.
A Prescription to Retire the Rhetoric of 'Principles-Based Systems' in Corporate Law, Securities Regulation, and Accounting
This Article corrects widespread misconception about whether complex regulatory systems can be described fairly as either "rules-based" or "principles-based" (also called "standards-based"). Promiscuous use of these labels has proliferated in the years since the implosion of Enron Corp. Users show an increasing habit of celebrating systems dubbed principles-based and ...
- A capital market, corporate law approach to creditor conduct.
Controlling the Prosecution of Bribery: Applying Corporate Law Principles to Define a 'Foreign Official' in the Foreign Corrupt Practices Act
This Comment focuses on the debate surrounding the definition of an "instrumentality" within the Foreign Corrupt Practice Act's (FCPA) "foreign official" provision. The FCPA prohibits bribery of "foreign officials" but provides little guidance as to the types of entities included within the meaning of an "instrumentality." The Department of Justice...
Education Clauses in Corporate Charters: How Child Welfare Law Confronted the Industrial Revolution
Others attempted to provide some form of outside schooling to working children, and all eventually removed them from the factory entirely through child labor and compulsory attendance laws. Besides serving as an intermediate step between colonial instruction laws and compulsory attendance laws, this use of the corporate form rep- resents another halfway point-between the public-interest...
Beyond Regulation: A Comparative Look at State-Centric Corporate Social Responsibility and the Law in China
Corporate social responsibility (CSR) is often understood as the voluntary actions firms take beyond legal compliance. However, in recent years, governments around the world have also begun to actively promote CSR, reflecting broader governance trends that embrace "soft law", quasi-voluntary standards, and other novel incentives to move companies toward and beyond minimum regulatory...
Corporate Governance and Social Welfare in the Common-Law World
Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, by Christopher M. Bruner, is reviewed.
- Delaware Federal Court Issues Significant Ruling Concerning Impact Of Executive Compensation Provisions Of The Internal Revenue Code On Delaware Corporate Law Governing Shareholder Voting
- 2011 Delaware Corporate And Alternative Entity Law Developments
- Supreme Court Rules DOMA Unconstitutional Securities Law And Corporate Finance Implications
The Undercivilization of Corporate Law
A system that allows the nonculpable to be punished can be described as having Type I errors, and a system that allows the culpable to go unpunished has Type II errors. This article argues that civil law and criminal law in the corporate law arena must be harmonized to restore the traditional policy preferences of allowing free access to the civil courts while harnessing prosecutorial power. In...
Fordham Corporate Law Center
In a lecture, William C. Dudley, president, Federal Reserve Bank of New York, discussed the economic outlook and the challenges that face the Federal Reserve in terms of monetary policy going forward. On the positive side, clearly the financial markets are performing better and the economy is recovering. Also, the Federal Reserve has begun to taper its rate of asset purchases. The Treasury...
- Shaming in corporate law.
- New Law Facilitates Corporate Capital Raising
- Developments In Guernsey Corporate Insolvency Law.
- Applying A Legal Bandaid To Defective Acts: Delaware Law Creates New Procedures To Ratify Defective Corporate Acts
- U.S. Labor Law And Child Labor In Corporate Supply Chains
- New Amendments To Delaware Law Impacts Mergers And Defective Corporate Acts
Contemporary Legal Transplants: Legal Families and the Diffusion of (Corporate) Law
This paper empirically documents the continued importance of the legal families (common law and civil law) for the diffusion of formal legal materials from the core to the periphery, and some possible channels of diffusion, in post-colonial times. This raises the possibility that substantive differences between countries of different families around the world, such as those documented in the...
Ownership, Limited: Reconciling Traditional and Progressive Corporate Law Via an Aristotelian Understanding of Ownership
This Article proposes an understanding of the corporation that builds a bridge between two sides of the debate, enabling a compromise solution to the question of -- for whose benefit the corporation ought to be managed? This Article proffers to reconcile, to a degree, some of the divergence between the traditional and progressive camps of corporate law scholarship by demonstrating that the...
- A new approach to corporate choice of law.
- Understanding Corporate Law, 4th Ed.
Effective Enterprise Risk Management And Crisis Management
... The consequences flowing from a headline event are particularly severe in the current environment because of:. the politicization of headline events, the criminalization of corporate events, activist reaction of shareholders and the public, and the extremely rapid pace at which consequences often mount. These consequences can frequently combine to create an exponential ...
The Third Annual Albert A. Destefano Lecture On Corporate Securities &Amp; Financial Law/Panel Discussion: Celebrating Thirty Years of Market Regulation*
In a panel discussion, Andrew Klein, Schiff Hardin & Waite, Richard Ketchum, NASDAQ Stock Market Inc, Catherine McGuire, US Securities & Exchange Commission, Annette Nazareth, US Securities & Exchange Commission, and Lee A Pickard, Pickard & Djinis LLP, discussed the creation of the Division of Market Regulation of the Securities & Exchange Commission. According to Pickard,...